- 10 - Given these facts, no business activity was conducted by anyone at the Sherman Oaks Property in 1997. Although there was little or no business activity during the years at issue, petitioner had entered into a lease for the property, paid rent, and had some type of informal understanding or arrangement with his brother relating to the Skin Service Club. These facts, at least in form, suggest the expectation of possible business activity. However, according to the record and in substance, petitioner’s rent payments merely benefited petitioner’s brother and mother. Petitioner’s brother was provided with a place to operate various of his business ventures, and petitioner’s mother received monthly income payments. In addition, petitioner has not shown any relationship between the rent payments and any income-producing activity of petitioner, including his medical practice. Although petitioner’s rent payments reflect his generosity to his family, they fall short of the section 162 standard for deductibility. Accordingly, we hold that petitioner did not conduct any business activity at the Sherman Oaks Property during 1994 or 1997. We further hold that petitioner’s relationship to his brother and/or the Skin Service Club does not provide a basis for petitioner to claim a deduction for rental expenses on his personal Schedule C. Any business activity that did occur at the Sherman Oaks Property during the years at issue could only havePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011